Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022

2 Duty to record information about licensing decisions in database E+W

(1) This section applies where, relying wholly or in part on relevant information relating to a person, a licensing authority decides—

(a) to refuse the person’s application for a driver’s licence,

(b) to refuse the person’s application for the renewal of a driver’s licence,

(c) to suspend the person’s driver’s licence, or

(d) to revoke the person’s driver’s licence.

(2) The licensing authority must—

(a) make an entry recording the decision, and the information listed in subsection (4), in the licensing information database,

(b) ensure (whether by amending, removing or reinstating it) that the entry is kept up-to-date so as to reflect any subsequent change made to the decision—

(i) by the authority,

(ii) on appeal against the authority’s decision, or

(iii) on any subsequent appeal,

during the period of 11 years beginning with the day on which the entry is first made, and

(c) keep a record of the relevant information and the decision until the end of the period referred to in paragraph (b).

(3) The reference in subsection (2)(b) to a subsequent change made to the decision includes a reference to a subsequent decision by the authority to grant a driver’s licence to the person.

(4) The information is—

(a) the person’s full name, date of birth, home address and national insurance number;

(b) if the person holds a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988, the driver number shown on the licence;

(c) if the person holds a Northern Ireland driving licence, the driver number shown on the licence;

(d) if the person holds a Community licence, the number of the licence;

(e) the name of the licensing authority and details of how further information about the decision can be obtained from the authority;

(f) the date on which the decision was made and (if different) the date on which it takes effect;

(g) the date on which any subsequent change to the decision was made and (if different) the date on which it takes effect;

(h) if the decision is to suspend the person’s driver’s licence for a period, the date on which the suspension is to end;

(i) such other information as the Secretary of State may by regulations made by statutory instrument prescribe.

(5) The licensing authority must—

(a) comply with subsection (2)(a) within the period of 5 working days beginning with the day on which the licensing authority notifies the person of its decision, and

(b) comply with subsection (2)(b) as soon as practicable after becoming aware of the change in question.

(6) Regulations under this section may make different provision for different purposes.

(7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(8) In this section “Community licence” and “Northern Ireland driving licence” have the meaning given by section 108(1) of the Road Traffic Act 1988.

Commencement Information

I1 S. 2 in force at Royal Assent for specified purposes, see s. 9(2)(b)

I2 S. 2 in force at 27.4.2023 in so far as not already in force by S.I. 2023/460, reg. 2